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ARTICLE · 23 MAY 2022

Performance Bond: How It Works Under Italian Law

The Performance Bond is a guarantee by means of which the purchaser or the owner secure the risk of the default of the counter-party (the supplier or the contractor).

ItalyCorporate/Commercial Law

The Performance Bond is a guarantee by means of which the purchaser or the owner secure the risk of the default of the counter-party (the supplier or the contractor). In case of default, the purchaser will obtain a sort of indemnity from the subject who issued the bond (usually a bank, called also the 'guarantor').

Let's see first how a Performance Bond works in practice.

In an international sales contract, the purchaser (for example, an English company) undertakes to purchase a certain quantity of goods to be manufactured and supplied by a supplier (for example, an Italian company). The purchaser will ask the supplier to have a performance bond issued by a bank, i.e. a guarantee of good performance of the contract, so that, in case of the supplier's default, the purchaser, instead of starting a long and costly dispute to obtain the compensation for the suffered damages, will obtain a prompt payment from the guarantor without the need to prove the actual default of

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